Patna High Court
Ugan kumar @ Chandra Kishor KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to monetary bond and specific conditions.
Summary
The petitioner, Ugan Kumar, was arrested in connection with the recovery of 110.43 liters of liquor from his residence, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was found in a joint family house and that no incriminating material was recovered from his personal possession, and that his arrest was based merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the facts, the period of custody since 19‑11‑2025, and the petitioner’s three prior criminal antecedents. The court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail may be cancelled if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
- Whether the petitioner’s period of custody and prior criminal antecedents justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- suspicion
- joint family house
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3319 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Ugan kumar @ Chandra Kishor Kumar Son of Manoj Kumar Yadav R/o
Village - Mahdeva, P.S. - Phulparas, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulparas P.S. Case No. 432 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 110.43 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3319 of 2026(2) dt.19-01-2026
2/3
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the alleged recovery has been made from the joint house of
the petitioner where other family members also reside. The
petitioner is in custody since 19.11.2025 and has got three
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulparas P.S. Case
No. 432 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.3319 of 2026(2) dt.19-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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